Madras High Court quashes FIR against AIADMK MP booked for comments against CM MK Stalin

The Madras High Court Tuesday quashed an FIR registered against AIADMK Member of Parliament (MP) C Ve Shanmugam for allegedly having made objectionable comments against Tamil Nadu Chief Minister MK Stalin and others during a hunger strike organised by his party in 2022 to protest against the State government..During such protest, Shanmugam had allegedly made a provocative speech naming DMK ministers K Ponmudi and KS Masthan and Chief Minister Stalin following a delay on part of State in establishing a desalination plant in Villupuram district.Shanmugam had said among other things that Stalin collected commission for government work and that the State school education department had turned into the “department of sexual abuse.”.Justice G Jayachandran, who was presiding over the quashing petition filed by Shanmugam through Senior Counsel R John Sathyan, said that the statements in question should not have been made by an MP.However, the judge noted that such statements did not constitute an offence under Sections 153A, 504, 505(1)(b), 506(1) of IPC, which relate to the public peace, tranquility and harmony between the community, and under which the police had booked the AIADMK lawmaker..“The tenor of the speech, the place, in which the speech made will clearly indicate that the petitioner wants to highlight the inefficiency of the Ruling party for not utilising Rs.1602crores allotted to them for the scheme. No doubt, the utterance made are not to the standard of a person, who represent the citizen in the Parliament, but then such utterance may attract other offences under IPC but not Sections 153A, 504, 505(1)(b), 506(1) of IPC, which relates to the public peace, tranquility and harmony between the community,” the High Court said..While Shanmugam had made such statement in August 2022, a complaint was registered with the local police in October that year by DMK member TG Rajasakthi. The police had then registered an FIR against Shanmugam, booking him for having breached public peace and for disturbing the tranquility between communities.The Court noted that the complaint had been filed belatedly even though no one seemed to have been affected by Shanmugam’s statements.“A complaint drafted on consultation and presented after 40 days after the alleged offences of promoting enmity, causing disturbance to maintaining harmony, insult or intent to provoke the breach of peace or attempt to disturb public tranquillity make no sense when no untoward incident reported because of the alleged speech,” the Court said while quashing the FIR..[Read Order]